Letter to Congress from 40 Economists & Law Professors Questioning the Quality of Some Empirical Studies in Patent Law

Abstract

This letter to Congress, submitted on March 10, 2015, originally by 40 (and now 43) academics in law, business, and economics expresses concern about “the many flawed, unreliable, or incomplete studies about the American patent system that have been provided to members of Congress.” An appendix to the letter lists studies that provide alternative assessments of the patent system. The letter concludes “that reliance on flawed data will lead to legislation that goes well beyond what is needed to curb abusive litigation practices, causing unintended negative consequences for inventors, small businesses, and emerging entrepreneurs.”

Keywords: patent law; patent reform; legislation; America Invents Act; Innovation Act; HR 9; PATENT Act; S 1137; patent litigation explosion; patent troll; PAE; NPE; empirical legal studies

JEL Classification: O3, O34, O38